Common Law Marriage by State (2024)

FAQs

Common Law Marriage by State? ›

What States Recognize Common-Law Marriages? Very few states still recognize couples as common-law married. Those that do, in some form, include Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, Texas and Utah, as well as the District of Columbia.

States that still have common law marriages are Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah and the District of Columbia.

Only some states recognize common-law marriages. Importantly, California does not have a common law marriage law. This means that a couple won't be considered legally married no matter how long they've lived together in the state of California.

The three elements of a common law marriage are: (1) the present intent and agreement to be married; (2) continuous cohabitation; and (3) public declaration that the parties are husband and wife.

The current eligibility requirements are that both partners must be over 18, neither partner can be married or a part of another domestic partnership, both partners can consent to the relationship, and they are not related by blood.

Common law marriages are recognized for federal income tax purposes if they are recognized by the state in which the taxpayers reside. If the taxpayers later move to a state which does not recognize common law marriages, they are still considered married for federal income tax purposes.

Cohabitation is an arrangement where people who are not married, usually couples, live together.

Common law marriage is a wildly misunderstood concept in the United States. Many people believe that if domestic partners co-habitate for at least seven years then they are automatically deemed “married.” Unfortunately, this is not true in any one of the 50 states.

A valid common law marriage (informal marriage) requires that a couple: Live together (cohabitation) for a certain amount of time (one year in most states) Hold themselves out as a married couple.

Individuals who are or were in valid common law marriages may be eligible for Social Security benefits (spousal, survivor, and death benefits) based on their spouses' or former spouses' earnings record, as long as they met the requirements to establish a common law marriage in their states.

How do you validate a common law marriage? ›

Generally, there are five basic factors that are usually considered when it is necessary to determine if parties entered into a valid common-law marriage: capacity; agreement; cohabitation; holding out; and reputation.

There is no common law marriage in the State of California. This means that if two people live together, there is no statute that confers the rights of married couples upon them. There are situations also where a couple believes that they are married, but they are in fact, not.

Generally, a married couple is common-law married when: They live together for a period of time (cohabitation) They hold themselves out to friends, family, and the community as "married"

Getting Help Proving You Have a Valid Common Law Marriage

Proving that your relationship qualifies as a valid common law marriage can be challenging. If you have any questions or concerns, you should consider consulting with an experienced lawyer who can help you understand your state's specific requirements.

Only Nine States Still Allow New Common Law Marriages

However, all 50 states must recognize common law marriage validly created in other states that allow them.

If your state recognizes a common law marriage and you fulfill the requirements, then you will have the same rights as if you were legally married to that person. If you are in such a situation and your common-law spouse dies, you may be able to claim inheritance depending on the laws in your state.

Some couples choose to forgo the legalities of marriage and opt for a common-law relationship. This type of union recognizes a couple as somewhat equivalent to being legally married even if vows were not exchanged in a civil or religious ceremony and a marriage license was not obtained.

Individuals who are or were in valid common law marriages may be eligible for Social Security benefits (spousal, survivor, and death benefits) based on their spouses' or former spouses' earnings record, as long as they met the requirements to establish a common law marriage in their states.

How Long Do We Need to Be Together? Texas law does not require the couple to be together for a specific period of time before they can declare themselves to be in a common law marriage. As long as both parties agree to the three elements listed in Section 2.401, they meet the requirements of a common law marriage.

In fact, California abolished common law marriage in 1895. Rather, marriage in California is statutorily defined in Family Code Section 300 to be a “personal relation arising out of a civil contract between two persons, to which the consent of the parties capable of making that contract is necessary.